Asbestos RegulationsDEQ’s Role

To Administer and Enforce the Asbestos NESHAP Regulations (40 C.F.R.

§§ 61.140-.157)

Other asbestos regulations, such as OSHA (worker safety) and DOT (transportation of asbestos waste), are handled by other state and federal agencies

Asbestos NESHAP40 CFR 61, Subpart M

NESHAP = The National Emission Standard including design, equipment, work practice or operational standard for Hazardous Air Pollutants

Subpart M = Standard for Asbestos (This Federal Regulation has been delegated to the

Oklahoma Department of Environmental Quality.)

DEQ’s Asbestos NESHAP Violation Penalty Policy

Notice: Failure to provide notice $ 1,000 Late, inaccurate or incomplete notice $ 500

Procedural:

Failure to provide records upon request, failure to comply with written requests $ 1,000

Failure to properly handle, store or transport friable asbestos $ 1,000

Return to AQD “Asbestos Information” Page

DEQ’s Asbestos NESHAP Violation Penalty Policy

Emission and Work Practices: Work Practices $ 2,500 minimum

Failure to remove of all RACM from a facility being demolished or renovated before any activity begins that would disturb the material.

Maintaining “adequately wet” all RACM that is being removed or disturbed. Failure to have on site, during the handling or disturbance of RACM at a

facility regulated by the NESHAP, at least one person who has been trained in the NESHAP within the previous two years.

Failure to properly mark vehicles used to transport asbestos-containing waste material, so that the signs are visible during the loading and unloading of waste.

Failure to properly dispose of all asbestos-containing waste material at a waste disposal site permitted by DEQ to accept RACM

Visible Emissions $ 2,500 minimum Prevention of “visible emissions” to the outside air while RACM is being

disturbed (including asbestos-contaminated debris from a demolition where RACM was not removed due to safety reasons).

Asbestos Standards 40 C.F.R. §§ 61.140-.157

Link to regulation: http://www.deq.state.ok.us/CSDnew/SBAP/asbestos/index.htm

Asbestos Mills(.142)

Roadways(.143)

Manufacturing(.144)

Demolitions and

Renovations(.145)

Spraying(.146)

Fabricating(.147)

Insulating Materials

(.148)

Waste Disposal for Asbestos Mills(.149)

Waste Disposal for Manufacturing, Fabricating, Demolition, Renovation, &

Spraying Operations(.150)

Inactive Waste Disposal Sites for Asbestos Mills,

Manufacturing and Fabricating Operations

(.151)

Active Waste Disposal Sites

(.154)

Operations that convert ACWM into nonasbestos (asbestos free)

material(.155)

Decision TreeAm I a “Facility”? No – NESHAP does not apply

Performing a “demolition” or a

“renovation?”

No – NESHAP does not apply

If renovation, do you meet certain threshold criteria for regulated asbestos containing

material?

No Notification Required

Certified Inspection Required

Complete and submit Notification of Intent to

Renovate

If Demolition, all facilities must notify

Complete and submit Notification of Intent to Demolish

If Asbestos Containing Material (ACM) present, it must be addressed according

to regulations before demolition

Yes

No

Yes

Yes

Important Definition Facility

Any institutional, commercial, public, industrial, or residential structure, installation, building, ship, and waste disposal site; but excluding residential buildings having four or fewer dwelling units*

Any structure that contains a loft used as a dwelling is not considered a residential structure (Ex: old commercial warehouse to apartments)

Any structure that was previously subject to [the Asbestos] NESHAP is not excluded, regardless of its current use or function

(Ex: residence dentist office residence)

*Residential buildings which have four or fewer dwelling units are not

considered "facilities" unless they are part of a larger installation (for

example, an army base, company housing, apartment or housing complex,

part of a group of houses subject to condemnation for a highway right-of

way, an apartment which is an integral part of a commercial facility, etc.).

The Asbestos NESHAP applies to a Facility during:

DEMOLITIONS Wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of a facility.

RENOVATIONS Altering a facility or facility component in any way, [even]* including the stripping or removal of regulated asbestos containing material (RACM) from a facility component.

*Whether asbestos is present or not

Important Definitions Asbestos Containing Material (ACM)

Any material containing more than 1% asbestos

Regulated Asbestos-Containing Material (RACM)

Friable asbestos material Nonfriable ACM that has become friable Nonfriable ACM that will be subjected to sanding, grinding,

cutting, or abrading Nonfriable ACM that has a high probability of becoming or has

become crumbled, pulverized, or reduced to powder by forces of demolition or renovation operations

The type of asbestos you have will determine notification and handling requirements

Important Definitions

Friable Asbestos Material Any material containing more than 1% asbestos that, when

dry, can be crumbled, pulverized, or reduced to powder by hand pressure (nonfriable ACM cannot be crumbled, etc.)

Non-friable asbestos can be made friable, be aware of how you handle this type of asbestos

Return to AQD “Asbestos Information” Page

Important Definitions

Asbestos-Containing Waste Material (ACWM) Any waste that contains asbestos As applied to demolition and renovation

operations, this includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing

Keep friable asbestos separate from other demolition and renovation waste

Requirement to Inspect To determine which requirements of the

NESHAP apply, the owner or operator of a demolition or renovation activity will need to have the affected facility (or facility part) thoroughly inspected for the presence of asbestos. [40 C.F.R. § 61.145 (a)]

A thorough inspection requires the services of an accredited asbestos inspector.

Accredited asbestos inspectors in Oklahoma are licensed by the Oklahoma Department of Labor.

The inspection must be performed prior to the commencement of the demolition or renovation.

What to Expect from an Inspection

The inspector should provide copy of Certification (License should be valid on date of inspection)

The inspection report should identify location, amount, type, and condition of all ACM found

This inspection will give you the information needed determine if you must notify and the information to submit

Provide recommendations on how to deal with the ACM found

List of certified inspectors can be obtained from the Oklahoma Dept. of Labor 405-528-1500, ext. 250

What Next ? Notification to DEQ is required for:

Renovations if the combined amount of RACM to be disturbed is at least:

260 linear feet on pipes or 160 square feet on other facility components or 35 cubic feet off facility components or where length or

area could not be measured previously Demolitions all demolitions require notification

(even if No ACM is present)

Delivery by U.S. Postal Service, commercial delivery service, or hand delivery of the notification is acceptable

Return to AQD “Asbestos Information” Page

What notification is required

(http://www.deq.state.ok.us/AQDnew/resources/aqforms.htm)

What notification is required

What notification is required

Another Important Definition

The Owner or Operator of a demolition or renovation activity

Any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or the demolition or renovation operation, or both

When to submit notification At least 10 working days [2 weeks] before

any activity begins that would disturb ACM No later than the following work day, if

[emergency] renovation is caused by a sudden, unexpected event (provide documentation – see Item XV on notification form)

At least 10 working days [2 weeks] before demolition begins

Exception: No later than the following work day, if government ordered demolition because facility is structurally unsound and in danger of imminent collapse (provide documentation – see Item XIV on notification form)

Submit revised notifications as needed

Any changes in the submittal, especially: If amount of ACM affected changes by 20%

or Start dates of renovation or demolition change

If new start date is earlier than original start date, it must be at least 10 working days [2 weeks] before work begins

If new start date is after the original start date, notify by phone before original start date and submit written notice no later than the original start date.

Where to submit notificationSubmit to the EPA NESHAP AUTHORITY:

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITYAir Quality Div., 707 N. Robinson, P.O. Box 1677Oklahoma City, OK 73101-1677

or

Oklahoma DEQ, Tulsa Regional Office3105 E. Skelly Drive, Suite 215Tulsa, OK 74105

 NOTE: (Please submit your Notification to the DEQ office closest to your job site)

Return to AQD “Asbestos Information” Page